Librería Portfolio

One of the first full length monographs to provide an exploration entirely devoted to implied licences in copyright law.
Unlike the existing literature which are generally more descriptive, this book focuses on the larger picture by first developing a methodology for implying copyright licences and then analysing the case law in its light.
Provides both a conceptual and doctrinal analysis of implied licences, laying a firm foundation for the application of implied licences to online as well as offline scenarios.
Analyses and compares implied licences in relation to three major jurisdictions - UK, Australia, and Canada.



A person can lawfully engage in an act restricted by copyright if they have the licence of the copyright owner or if their actions are covered by a statutory exception. However, if a person has the benefit of neither of these, it may still be possible to imply a copyright licence to respond to copyright infringement. In contrast to the rigidity of the statutory exceptions, implied licences are more malleable in being able to respond to a diverse set of circumstances, as the need arises. Thus, implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of the copyright owners and content users, especially in today´s dynamic technological environment. However, implication as a process is contentious, and there are no established principles for implying copyright licences. The resulting uncertainty has prevented implied licences from being embraced more readily by the courts. Therefore, this book develops a methodical and transparent way of implying copyright licences, based on three sources: the consent of the copyright owner; an established custom; and state intervention to achieve policy goals. The frameworks proposed are customised separately for implying bare and contractual licences, where relevant. The book goes on to analyse the existing case law in the light of these frameworks to demonstrate how the court´s reasoning can be made methodical and transparent. Underscoring the contemporary relevance of implied licences, this book tests and validates the methodology in relation to three essential and ubiquitous functions on the internet - browsing, hyperlinking, and indexing.



Table of Contents

Introduction
Part I: Conceptual Foundation
1.:Copyright Licence as a Legal Relationship
2.:Bases for Copyright Licences to be Implied
3.:Frameworks for Implying Copyright Licences
Part II: Rationalising Conceptual Frameworks within Copyright Doctrine
4.:Consent-based Implied Bare Licences
5.:Consent-based Implied Contractual Licences
6.:Licences Implied by Custom
7.:Policy-based Implied Contractual Licences
8.:Policy-based Implied Bare Licences
Part III: Application of Implied Copyright Licences to the Internet
9.:Implied Licences on the Internet - Fundamentals
10.:Browsing and Streaming
11.:Hyperlinking
12.:Indexing
Conclusion